USA > Tennessee > Williamson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 20
USA > Tennessee > Maury County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 20
USA > Tennessee > Rutherford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 20
USA > Tennessee > Wilson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 20
USA > Tennessee > Bedford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 20
USA > Tennessee > Marshall County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 20
USA > Tennessee > History of Tennessee from the earliest time to the present , together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, besides a valuable fund of notes, original observations, reminiscences, etc., etc. V. 1 > Part 20
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Had this proposition been accepted by Tennessee about 1S0 miles of the boundary line would have been placed on the "chartered latitude," thirty-six degrees and thirty minutes; but Tennessee could be satisfied with nothing short of Walker's line, or at least with very little less than that line as her northern boundary, and in order to show her insistence on that line passed an act, after reciting the customary preamble, "that the line commonly called Walker's line, so far as the same has been run and marked, shall be considered and taken to be the true line between the States."
SEC. 2. That as soon as the State of Kentucky shall pass a law agreeing thereto, a direct line from the eastern extremity of the line called Walker's line, as marked at Cum- berland River, to Walker's line at a place called Cumberland Gap, shall be considered and taken the true line between the States.
SEC. 3. That this State will, provided the State of Kentucky agree thereto, apply to the Executive of the United States to appoint a commissioner to ascertain the true point where the boundary line between this State and the State of Kentucky will strike the Ten- nessee River on the western bank thereof, and that from that point a line shall be run di- rectly west to the western boundary of the State of Tennessee, which shall be the line bounding the two States.
This persistence on the part of Tennessee in affirming what she con-
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HISTORY OF TENNESSEE.
sidered to be her right, considerably nettled her sister State, who re- plied to this proposal on January 30, 1818, by the following "spicy en- actment."
Be it enacted that all laws heretofore passed by the General Assembly of this com - monwealth relative to the boundary line between this State and Tennessee shall be, and the same are hereby repealed.
SEC. 2. That the southern boundary line of this State shall be and remain on a line running west from the top of Cumberland Mountain to the Mississippi River in 36 30' north latitude, anything in any former law passed by this State to the contrary not- withstanding.
In pursuance of this enactment Kentucky, in 1819, sent her surveyors Alexander and Munsell to run and mark the line on thirty-six degrees and thirty minutes between the Tennessee and Mississippi Rivers, and declared this to be the true boundary. This line struck the Tennessee River about twelve miles in a direct line south of Walker's line, and if it had been continued on eastward it would have passed about two miles to the south of Clarksville. It was now evident to Tennessee that her territorial integrity was in danger, and that decided steps must be taken if she would not lose to a large extent in property and population. She realized her own illogical position in claiming jurisdiction to a line the validity of which as a boundary she had solemnly repudiated. She could not rest quietly in possession, for she plainly saw that Kentucky intended to have the boundary question settled, and to extend her southern line down to the "chartered limits" of the State, thirty-six degrees and thirty minutes; the latitude in which Walker's line was supposed to be run. It was necessary to find some plea by which she could still plausibly maintain her right to Walker's line as actually run as her northern boundary. This plea was supplied by Gov. Joseph McMinn in his mes- sage of October 6, 1819, and it was the only plea which Tennessee could bring to her aid, the desire of the people residing on the belt of territory between the "chartered limits," and Walker's line, to remain under the jurisdiction of Tennessee. He admitted that Alexander & Munsell's line, if it were in fact in latitude thirty-six degrees and thirty minutes, should be allowed to stand. The necessity of this compromise was forced upon Tennessee by her being estopped from pleading the confirming of Walker's line by the Virginia and Carolina compact which under Gov. William Blount she had repudiated.
The Legislature of Tennessee having thus failed to establish her claim by enactments determined to send commissioners to the Kentucky Legislature and try the efficacy of a joint commission. Kentucky though opposed to that method of settling the question, was at length persuaded by Tennessee's commissioners, Felix Grundy and William L. Brown, to
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HISTORY OF TENNESSEE.
appoint a commission, selecting John J. Crittenden and Robert Trimble. Notwithstanding the fact that Kentucky's argument as to abstract title was unanswerable, yet the Tennessee commissioners successfully urged actual possession, and the desires of the people, together with the multi- tude of hardships that must necessarily result from a change, and offered to permit all the lines to remain as then located including Alexander & Munsell's line. The compromise was accepted by Kentucky, and effected February 2, 1820. According to this compromise the boundary line was to be Walker's line to the Tennessee River; thence up and with said river to Alexander & Munsell's line; thence with said line to the Missis- sippi River-the treaty to be valid when ratified by the Legislature of Kentucky. Thus the main points were finally settled, but still for some years numerous inconveniences continued to develop from the loss of some of the landmarks of Walker's line, the uncertainty regarding others. and the unsurveyed gap, between Deer Fork and the Cumberland River. In 1821, this gap unsurveyed by Walker, was surveyed by a joint com- mission consisting of William Steele, on the part of Kentucky, and Ab- salom Looney, on the part of Tennessee, and they extended their survey from the east crossing of Cumberland River to Cumberland Gap. On November 13, 1821, Tennessee passed an act confirming this survey as far as it extended, including in the act a minute description of the survey, and on the 22d of the same month Kentucky confirmed this line.
In 1831 James Bright, commissioner for Tennessee, and Dr. Mun- sell, commissioner for Kentucky, ran and marked Walker's line along the southern borders of Allen, Simpson and Trigg Counties straight from the point near the west crossing of the Cumberland River to the Tenn- essee. This survey, if adopted, would have thrown into Kentucky a strip of land about a mile wide which is now a portion of Tennessee.
In 1845 Gov. James C. Jones appointed, as commissioners on the part of Tennessee, C. W. Nance and William P. McLain, who met Messrs. Wilson and Duncan, commissioners from Kentucky, in October of that year, and marked a line along the borders of Trigg and Christian Coun- ties, and along that portion of Fulton County west of Reelfoot Lake. These different lines were all readjusted in 1859, by a joint commission consisting of Benjamin Peeples and O. R. Watkins, commissioners; O. H. P. Bennett, engineer; J. Trafton, L. Burnett, assistant engineers, and J. M. Nicholson, surveyor, on the part of Tennessee; and Austin P. Cox and C. M. Driggs, commissioners; J. Pillsburg, engineer; G. Trafton, G. Stealey and A. Hensly, assistant engineers, on the part of Kentucky. They met at a place called Compromise, on the Mississippi River, and having improved instruments made an accurate and satisfactory survey,
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HISTORY OF TENNESSEE.
placing the stones as required and marking the line on permanent trees with four chops toward the east and toward the west.
From Compromise, in latitude thirty-six degrees, twenty-nine minutes and fifty-five and seven hundredths seconds, they followed very nearly along Alexander and Munsell's line to the Tennessee, in latitude thirty- six degrees, twenty-nine minutes and fifty-four seconds. Thence they ran down the Tennessee to Walker's line, which is very nearly in latitude thirty-six degrees, forty minutes and forty-five seconds, and from this point they followed Walker's line to the southeastern corner of Kentucky, latitude thirty-six degrees, thirty-four minutes and fifty-three and forty- eight hundredths seconds. From this point they ran to the southwest corner of Virginia in latitude thirty six degrees, thirty-six minutes and ninety-two hundredths seconds. This survey cost Tennessee $25,357, and Kentucky $22,630.07. The stone posts cost $1,265. Kentucky ap- proved the acts of this joint commission February 28, 1860, and Ten- nessee March 21, 1860.
Thus after a protracted, and in many instances a vexations contro- versy, lasting from 1792 to 1860, Tennessee finally established her title, if not her right, to that strip of territory extending from White Top Mountain to the Tennessee River. That portion adjoining Virginia is about 110 miles long, and averages about seven miles in width, while that adjoining Kentucky is about 245 miles long, and about five and three-quarters miles wide at its eastern extremity, gradually increasing in width until it reaches the Tennessee, where it is about twelve and one- half miles wide.
For this acquisition she is indebted first to the failure of the Virginia and Carolina commissioners to make due allowance for the variation of the needle; second, to the fidelity and ability of her public servants; third, to the preference of the people along the border to remain within her jurisdiction, and fourth, to the liberality of Kentucky and Virginia, which led them to respect the preferences of the people. And for the loss of the strip west of the Tennessee and between the "chartered limits" and Walker's line, she is indebted to the repudiation by Gov. Blount, of the Virginia and Carolina compact. And yet, although this struggle which lasted so long and had attracted so much attention, was settled thus in 1860, her constitution of 1870 adheres to the old imaginary lines, , and describes her northern boundary as thirty-six degrees and thirty minutes, but this careless description is well guarded by the following .clause: "Provided that the limits and jurisdiction of this State shall ex- tend to any other land and territory now acquired by compact or agree- ment with other States or otherwise, although such land and territory are not included within the boundaries hereinbefore designated."
1
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HISTORY OF TENNESSEE.
The history of the southern boundary line of this State is not of such absorbing interest, nor fortunately so long as that above detailed. Quoting again from the Declaration of Rights: "That line and that only should be esteemed the southern boundary of this State (North Carolina ) as follows, that is to say: Beginning on the sea-side at a cedar stake at or near the mouth of Little River, being the southern extremity of Bruns- wick County and runs thence a northwest course through the Boundary House, which stands in thirty-three degrees and fifty-six minutes, to thirty-five degrees north latitude, and from thence a west course, so far as is mentioned in the charter of King Charles II to the late proprietors of Carolina." This declaration was adopted in December, 1776, and shows that the parallel of thirty-five degrees north latitude was consid- ered as the established southern boundary line of North Carolina westward from the point where the line "running a northwest course through the Boundary House" if extended would intersect that parallel. To establish the line between North and South Carolina, commissioners were appointed by both these colonies in 1737. Those of the former colony were Robert Hilton, Matthew Rowan and Edward Mosely. They began at the cedar stake on the sea shore by the mouth of Little River, and ran the line until they arrived at the thirty-fifth degree. At the termination of the northwest line they erected a light . wood stake upon a mound. The line was continued by private parties twenty miles. and in 1764 was still further extended.
In 1818 the boundary between Tennessee and Georgia was estab- lished. The commissioners appointed Joseph Cobb surveyor, and two chain carriers and two markers. These parties arrived at Ross' in the Cherokee nation on the 15th of May. From Ross', which was on the Tennessee River, they proceeded to Nickajack, where on the next day they met the commissioners and surveyor appointed by Georgia. The joint commission decided that the thirty-fifth degree of north latitude was one mile and twenty-eight poles from the south bank of the Tennes- see, due south from near the center of the town of Nickajack. This point- was supposed by them to be the corner of the States of Georgia and Ala- bama. At this point they caused a rock to be erected, two feet high, four inches thick and fifteen inches broad, engraved on the north side "June 1, 1818, Var. six degrees and forty-five minutes east." and on the south side "Geo. Lat. thirty-five degrees north, J. Carmack." From this rock they ran the line due east to the top of the Unaka Mountains, where they closed their survey with a variation of the compass of five degrees and thirty minutes; the length of the line surveyed being nearly 110 miles. The line west of Nickajack was extended in part by Gen. Coffee and the
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HISTORY OF TENNESSEE.
residue by Gen. Winchester. The boundary line between Tennessee and Mississippi was also run by John Thompson, and his line was adopted by Tennessee as the southern boundary, but Mississippi failed to adopt it. The question was finally settled by Tennessee November 9, 1887, and by Mississippi February 8, 1838, on which dates the two States, respectively, ratified the proceedings of a joint commission to run the true boundary line. The history of the running of the line is sufficiently shown in the language of the act by the Tennessee Legislature above re- ferred to as follows:
WHEREAS the State of Tennessee believing the southern boundary line of the State dividing Tennessee from Mississippi was not correctly run by the commissioners in 1819, with the thirty-fifth parallel of north latitude; and whereas the State of Tennessee, by an act passed November 29, 1833, did establish what is known as Thompson's line as the southern boundary of the State, which act did not receive the sanction of the State of Mississippi; and whereas the authorities of Tennessee and Mississippi having recently by commissioners on the part of the two States, run and marked another line which is agreed upon providing they ratify the same, which line is described in the commissioners' report as follows. Commencing at a point on the west bank of the Tennessee River, sixty-four chains south or above the mouth of Yellow Creek and about three-fourths of a mile north of the line known as Thompson's line, and twenty-six chains and ten links north of Thompson's line at the basis meridian of the Chickasaw surveys, and terminating at a point in the east bank of the Mississippi River, opposite Cow Island, sixteen chains north of Thompson's line; therefore
Be it enacted, etc., That the line as run and marked between this State and Mississippi by B. A. Ludlow, D. W. Connely and W. Petrie (commissioners on the part of Mississippi), and John D. Graham and Austin Miller (commissioners on the part of Tennessee) be and the same is hereby declared to be the true southern boundary of the State of Tennessee, being 35ยบ north latitude, and that the jurisdiction of the State be extended to that line in as full and ample a manner as the same was extended to the line run by Winchester.
The eastern boundary line, or that between Tennessee and North Car- olina, was finally established by an act passed by the Legislature of the former State during the session commencing November 19, 1821, the language of the act running somewhat as follows: That the dividing line run and marked by Alexander Smith, Isaac Allen and Simeon Perry, com- missioners on the part of Tennessee, and James Mebane, Montford Stokes and Robert Love, commissioners from North Carolina, which line begins at a stone set up on the north side of the Cataloochee Turnpike Road, and marked on the west side "Tenn. 1821," and on the east side " N. C. 1821," and running along the summit of the Great Smoky Mountains, etc., etc., and striking the southern boundary line twenty-three poles west of a tree in said line marked "72 M," where was set up by said commissioners a square post, marked on the west side "Tenn. 1821," and on the east side " N. C. 1821" and on the south side "G." be and the same is hereby ratified, confirmed and established as the true boundary line between this State and North Carolina. This line was confirmed by
1S3
1
HISTORY OF TENNESSEE.
the Legislature of North Carolina during the session commencing No- vember 19, 1821.
THE WATAUGA ASSOCIATION.
The settlers on the Watauga and Holston, though very near the boundaries of Virginia and North Carolina, and though most of them were emigrants from the latter State, were living without the protection of the laws of either. Being thus without regular government, it was necessary for them to adopt for themselves rules for their own guidance. These rules were adopted in 1772, and are believed to- have constituted the first written compact of government west of the mountains. The government was simple and moderate. paternal and patriarchal, summary and firm. The settlers elected as commissioners thirteen citizens, as fol- lows: John Carter, Charles Robertson, James Robertson, Zachariah Is- bell, John Sevier, James Smith, Jacob Brown. William Bean, John Jones, George Russell, Jacob Womack, Robert Lucas and William Tatham. Of these thirteen commissioners five were appointed as a court, by whom all matters in controversy were settled, and the same tri- bunal had entire control of everything pertaining to the public good. This court was composed, it is believed, of the following persons: John Carter, Charles Robertson, James Robertson, Zachariah Isbell and John Sevier, with William Tatham as clerk. For a number of years this form of government performed its functions with success and satisfaction to the people. But at length dissensions arose, and the result of these various views and desires of the people was the establishment of the State of Franklin, as detailed later in this chapter.
After the establishment of the Watauga Association, the Govern- ment of the Notables was the next in the order of time. This was on the banks of the Cumberland, as that was on the banks of the Watauga. It grew up from the necessities of the people, far removed from any pro- tecting government. Robertson's principal colony arrived at the French Lick about January 1, 1780-Putnam says December 25, 1779. John Donelson's party arrived April 24, 1780, and on May 1 following, the compact of government or articles of agreement were entered into by the settlers on the Cumberland. It was stated in the chapter on the set- tlement of the territory, that in the vicinity of the French Lick there were eight stations, and when the government came to be established, each station was entitled to representatives in the " Tribunal of Nota- bles" as follows:
Nashborough (at Nashville). 3 Mansker's (Casper Mansker's Lick). 2
Bledsoe's (now Castilian Springs). 1 . 1
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HISTORY OF TENNESSEE.
Asher's (Station Camp Creek). 1 Freeland's (at Dr. McGavock's or Horticultural Garden). 1 Eaton's (now Brooklyn). 2 Fort Union (where Haysborough was). 1
Stone's River (west of the Hermitage). 1
These representatives, or a majority of them, after being bound by the solemnity of an oath to do equal and impartial justice between all contending parties, were empowered and made competent to settle all controversies relative to location and improvements of lands; all other matters and questions of dispute among the settlers; protecting the rea- sonable claims of those who may have returned for their families; pro- viding implements of husbandry and food for such as might arrive with- out such necessaries; making especial provisions for widows and orphans whose husbands or fathers may die or be killed by the Indians; guaran- teeing equal rights, mutual protection and impartial justice; pledging themselves most solemnly and sacredly to promote the peace, happiness and well being of the community, to suppress vice and punish crime.
In this compact one of the principal elements of popular government was expressly set forth, viz .: the right of the people at the various stations to remove their representative or judge, or other officers, for misconduct or unfaithfulness in the discharge of their duties, and to elect others to fill the vacancies. "This tribunal exercised the prerogatives of government to their fullest extent, with the exception of the infliction of capital pun- ishment. They called out the militia of the stations to 'repel or pursue the enemy;' impressed horses for such service as the public exigency might demand; levied fines, payable in money or provisions; adjudicated causes; entered up judgments and awarded executions; granted letters of administration upon estates of deceased persons, taking bonds 'payable to Col. James Robertson, chairman of committee,' " etc.
Following are the articles of agreement, or compact of government. entered into by the settlers on the Cumberland River May 1, 1780. The first page is lost and the second torn and defaced, but there can be read distinctly as follows, supplying in brackets lost words:
* property of right shall be determined as soon [as] conveniently may be in the following manner: The free men of this country over the age [of twenty] one years shall immediately, or as soon as may [ be convenient], proceed to elect or choose twelve con- scientious and [deserving] persons from or out of the different sections, that is [to] say: From Nashborough, three; Mansker's, two; Bledsoe's, one; Asher's, one; Stone's River, one; Freeland's, one; Eaton's, two; Fort Union, one. Which said persons, or a majority of them, after being bound by the solemnity of an oath, to do equal and impartial justice be- tween all contending parties, according to their best skill and judgment, having due regard to the regulations of the land office herein established, shall be competent judges of the matter, and * * hearing the allegations of both parties and [their] witnesses as to the facts alleged or otherwise * * as to the truth of the case, shall have [power] to
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HISTORY OF TENNESSEE.
decide controversies, and determine who is of right entitled to an entry for such land so in dispute, when said determination or decision shall be forever binding against the future claim of the party against whom such judgment [shall be rendered]. And the entry taker shall make a [record thereof] in his book accordingly, and the entry * * tending
party so cast shall be * ** * if it had never been made, and the land in dispute
* * * * to the person in whose favor such judgment shall * * in case of the death, removal, or absence of any of the judges so to be chosen, or their refusing to act, the station to which such person or persons belong, or was chosen from, shall proceed to elect another, or others, in his or their stead, which person, or persons, so chosen, after being sworn, as aforesaid, to do equal and impartial justice, shall have full power and au- thority to proceed to business, and act in all disputes respecting the premises as if they had been originally chosen at the first election.
That the entry book shall be kept fair and open by * *
person * * to be appointed by said Richard Henderson * * chose, and every entry for land num-
bered and dated, and * * order without leaving any blank leaves or spaces *
* # to the inspection of the said twelve judges, or * * of them at all times.
'That many persons have come to this country without implements of husbandry, and from other circumstances are obliged to return without making a crop, and [intend] re- moving out this fall, or early next spring, and it * ** reason *
have the pre-emption * of such places as they may have chosen. * * the
* such should purpose of residence, therefore it is * *
* be taken for all such, for as much land as they are entitled to from their head-rights, which said lands shall be reserved for the particular person in whose name they shall be entered. or their heirs, provided such persons shall remove to this country and take possession of the respective place or piece of land so chosen or entered, or shall send a laborer, or laborers, and a white person in his or her stead to perform the same, on or before the first day of May, in the year one thousand seven hundred and eighty-one; and also provided such land so chosen and entered for is not entered and claimed by some person who is an inhabitant, and shall raise a crop of corn the present year at some station or place convenient to the general settlement in this country. But it is fully to be understood that those who are actually at this time inhab- itants of this country shall not be debarred of their choice or claim on account of the right of any such absent or returning person or persons. It is further proposed and agreed that no claim or title to any lands whatsoever shall be set up by any person in consequence of any mark or former improvement, unless the same be entered with the entry taker within twenty days from the date of this association and agreement; and that when any person hereafter shall mark or improve land or lands for himself, such mark or improvement shall not avail him or be deemed an evidence of prior right, unless the same be entered with the entry taker in thirty days * * from the time of such mark or improvement, but no other person shall be entitled to such lands so as aforesaid to be reserved * * conse- quence of any purchase gift, or otherwise.
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